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Global Maritime Crime Programme GLOBAL MARITIME CRIME PROGRAMME Maritime Crime Programme, Regional Office for Eastern Africa United Nations Office at Nairobi, Gigiri, Block X, Room 212 P.O. Box 30218, 00100 Nairobi, Kenya Tel.: (+254) 20 762 1890 • E-mail: [email protected] • www.unodc.org ANNUAL REPORT 2016 CONTACTS If you would like to know more about the work that UNODC is doing to support States to combat maritime crime, please see www.unodc.org/unodc/en/piracy/index.html Head of Global Maritime Crime Programme: Alan Cole For inquiries please contact: [email protected] UNITED NATIONS OFFICE ON DRUGS AND CRIME GLOBAL MARITIME CRIME PROGRAMME ANNUAL REPORT 2016 UNITED NATIONS Nairobi, 2016 Global Maritime Crime Programme Team Photographs: © UNODC © United Nations, February 2017. All rights reserved, worldwide. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. Printing: UNON/Publishing Services Section/Nairobi, ISO 14001:2004-Certified ii FOREWORD The Global Maritime Crime Programme (GMCP) is now in its eighth year of operation. With the alarming increase of heroin trafficking in the Indian Ocean and the reemergence of illegal fishing off the Horn of Africa, 2016 has been the busiest year to date for GMCP so far. Thanks to the strong support of Member States and the dedi- cated work of UNODC staff, the GMCP continues to provide successful technical assistance to combat maritime crime through its interregional approach. One of the greatest challenges for the GMCP in 2016 has been the increase of irregular migration patterns by sea across the Gulf of Aden and Mediterranean. Both the Indian Ocean and the Horn of Africa Teams have responded by developing Maritime Law Enforcement capacity to rescue migrants at sea, as well as arresting people smugglers, and seizing illegal weapons. The Indian Ocean Programme continues to support fair and efficient piracy trials through the introduction of new case management technology systems and the training of court personnel to improve sustainability. Early this year, the Team launched an Indian Ocean Prosecutors’ Network, bringing together senior prosecutors from eight Indian Ocean States to work on cooperation and mutual legal assistance to combat transnational organised crime. The Horn of Africa Programme has been successful in implementing Maritime Law Enforcement capacity through mentoring in seamanship, policing and basic engineering. Its biggest achievement for 2016 is the construction of new infrastructure, specifically the Mogadishu Prison and Court Complex; as well as the completion of Headquarters for the Bosasso Port Police. The Detention and Transfer Programme has expanded its operations to assist prison services in the region meeting renewed challenges in the criminal justice sector. UNODC has used its experience in the region to intervene and to help prevent the expansion of violent extremism in prisons. Looking ahead, the GMCP will continue to focus on the arising challenges of combating transnational crime but with more of a global rather than regional focus. Within the next year, the GMCP will be expanding its operations in South and Southeast Asia, Nigeria, the Caribbean, and the Mediterranean. Alan Cole Head, Global Maritime Crime Programme United Nations Office on Drugs and Crime iii Learn more about GMCP activities on: https://www.youtube.com/watch?v=fqXVZJIkVmM&list=PLP1rrIC89eFCcOzBqR6a-ZO-bLAXZtCmn Follow us on Twitter UNODC_MCP CONTENTS Indian Ocean Programme . 1 Horn of Africa Programme . 11 Atlantic Ocean Programme . 21 Detention and Transfer Programme . 25 Management and Analysis Unit . 37 INDIAN OCEAN PROGRAMME Working to fight organized crime in the Indian Ocean OLD TRICKS TO ADDRESS NEW THREATS Promoting Fair and Efficient Trials to Counter Maritime Crime The GMCP has grown and developed significantly since its launch as the Counter Piracy Programme (CPP) in 2009 but some core aspects and goals of the programme remain the same. At the height of the international counter piracy effort, the UNODC CPP (as it was then) stepped in to provide coordination and immediate, ad hoc support to Eastern African states prosecuting piracy suspects to ensure that those trials were fair, efficient and in compliance with human rights obligations. This INDIAN OCEAN PROGRAMME OCEAN INDIAN important work continues today. As the threat of piracy in the Indian Ocean wanes, the threat posed by illicit drugs being trafficked in its waters grows. Under the Indian Ocean Programme, UNODC GMCP is leveraging its experience and expertise to help ensure that the accused implicated in those crimes are brought to justice. Supporting Fair and Efficient Piracy Trials With the strong support of ANNUAL REPORT 2016 REPORT ANNUAL the EU Programme to Support Regional Maritime Security (EU-MASE), the GMCP continues to promote The GMCP fair and efficient trials in regional Eastern African Indian Ocean states prosecuting piracy programming suspects. August 2016 saw operates in part the completion of the MSC under the Jasmine case in Mauritius generous with the conviction of 12 funding and Repatriation flight for realesed Somali piracy prisoners Somali men on offences of structure of the piracy. This conviction, which came on re-trial following an appeal by the EU MASE prosecution in 2015, handed down a sentence of 5 years to each of the accused. Programme GLOBAL MARITIME CRIME PROGRAMME CRIME MARITIME GLOBAL Given their time on remand since being handed over to Mauritian authorities in 2013, and with a reduction in their sentence for good behaviour in prison, the 12 Somali men were deemed to have completed their sentences and were repatriated to Somalia as free men. The last piracy case in Seychelles was concluded in June 2016 with a conviction of 5 Somali suspects on charges of piracy. However, following an appeal to the Appeal Court of Seychelles, the appellants were acquitted in December 2016. Piracy Trials Supported to date under EU’S Instrument for Stability/ EU-MASE* Prosecution centre Cases heard Individuals tried Kenya 17 164 Mauritius 1 12 Seychelles 13 152 *No trial has failed due to lack of due process or availability of witnesses 2 GLOBAL MARITIME CRIME PROGRAMME CRIME MARITIME GLOBAL ANNUAL REPORT 2016 REPORT ANNUAL The Vulnerable Prisoners Unit at Montange Posse Prison, Seychelles Through EU-MASE funding, piracy trials in regional prosecution centres have been able to continue. GMCP has consistently supported trials and appeals by funding legal defence for the accused; Somali-English interpretation and any third-language interpretation required to ensure trial fairness; and ensuring that foreign civilians that INDIAN OCEAN PROGRAMME OCEAN INDIAN were witnesses to or victims of the piracy attacks are given the opportunity to testify at trial either in person or remotely via video-link technology. The judges, prosecutors, and legal defence engaged in the trials have been given training opportunities to increase their understanding of this complex area of the law and their ability to effectively carry out their roles of adjudicating, prosecuting, and defending within it. A key aspect of the GMCP’s trial support work is to ensure that the human rights of those held in detention for crimes of piracy are safeguarded. In 2016, the GMCP delivered welfare items for personal hygiene, educational materials, and sports equipment to piracy detainees in Kenya, Seychelles, and Mauritius. Good management practices are promoted in the prisons through expert mentoring and training. Somali-English interpreters facilitate communication between detainees, prison staff, and medical staff. They also provide English lessons in their spare time. In 2016, the Vulnerable Prisoners Unit at Montagne Posee Prison in Seychelles was also completed. The facility provides safe and separate accommodation for detainees who have cooperated with police investigations. Building Sustainable Criminal Justice Capacity Taking on prosecutions of complex transnational cases is a huge burden for any state with an already backlogged criminal justice system. When a State volunteers to take on those prosecutions to the benefit of the broader international community, the act must be all the more applauded and recognized. Since 2009, when piracy was at its height, Kenya has prosecuted 164 suspected pirates and Seychelles 152. Many of the piracy trials, like other criminal trials working their way through the criminal justice system, faced delays. 3 Left: Delivery of building materials to Shanzu Court, Mombasa INDIAN OCEAN PROGRAMME OCEAN INDIAN Right: Generator at Shanzu Court In 2014, the GMCP began working with the judiciaries of Seychelles and Kenya (in Mombasa, where the piracy trials are held) to find ways to improve trial efficiency. Over the following year, customized electronic case management systems were introduced in both locations, easing and accelerating backend file management. Both Kenya and Seychelles also benefited from video-link facilities that can be used to hear remote witnesses or remand detainees, without the need for travel and related delays. The ANNUAL REPORT 2016 REPORT ANNUAL success of this technological and process support to the courts encouraged the GMCP to continue work to improve court administration.
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